Georgia Bill Makes Property Owners Liable for Injuries in Gun-Free Zones

Georgia House Bill 1364 makes property owners liable if a legal concealed carrier is harmed while barred from being armed for self-defense on the owner’s property.

HB 1364 says, “Any lawful weapons carrier who is prohibited from carrying… and who is injured… shall have a cause of action against the person, business or other entity that owns or legally controls such property,” according to 11 Alive.

The bill is sponsored by State Rep. Martin Momtahan (R).

Momtahan explained his motivation for introducing the legislation.

He said, “All we want to make sure is, if you’re in the store or anywhere and it has a ‘no gun’ sign, then that store needs to understand they have absolute custodial care of that person [who’s denied the ability to be armed].”

The text of HB 1364 clarifies that any posting that bars legal gun owners from being armed for self-defense must be accompanied by signage that makes clear the land owner understands his custodial duties:

Any public notice posted on a property that includes language which provides that weapons are prohibited on such property shall also contain language citing this Code section and providing that any lawful weapons carrier who is prohibited from carrying his or her weapon, including a concealed weapon, while on such property shall be under the absolute custodial care of the person, business, or other entity that owns or legally controls such property.

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